Father hugs crying man who killed daughter

Louise Hall

Moments after he learned the man who killed his daughter would go to jail, Peter Frazer went over to Kaine Daniel Barnett and gave him in a hug.

The two men, united in grief at the devastation caused by less than 10 seconds of inattention, wept as they embraced, their tearful families surrounding them inside the courtroom at Parramatta District Court.

Barnett had just been sentenced to at least 18 months jail for crashing into and killing Sarah Frazer, 23, and Geoffrey Clark, 40 as they stood in the breakdown lane of the Hume Highway near Berrima in February, 2012.

The Crown alleged Barnett must have been distracted for almost eight seconds to have missed the hazard lights on Ms Frazer's Ford and the large flashing arrow on Mr Clark's tow truck.

Barnett pleaded not guilty, saying he was either drinking out of a bottle or checking his mirrors as he drove a courier truck from his grandfather's business, Barnett's Couriers, at a speed of 100 km/h when he stopped paying attention "momentarily".

But a District Court jury had found him guilty of two counts of dangerous driving causing death and Judge Stephen Hanley said he must send the 26-year-old to prison.

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Outside the court, Mr Frazer said he and his wife Judy had forgiven Barnett and felt sorry for the trauma the young man continues to experience.

"Kaine could have been my son. Any of this could have happened to any of our families," Mr Frazer said.

"We don't hate him. We feel so sorry that he has to go through this and the rest of his life is ruined."

In handing down a maximum three-year sentence, Judge Hanley said he did not like sending a young man with no prior criminal history to jail, but he needed to send a message of deterrence to the general public and particularly to professional drivers.

"The jury found the offender failed to keep a proper look-out for a significant period of time," the judge said. "His manner of driving [meant] a large number of people were placed at risk."

The court heard Barnett was not speeding or affected by drugs or alcohol. Since the accident he has suffered from flashbacks, post-traumatic shock and has experienced suicidal thoughts.

Judge Hanley said he was unlikely to reoffend and his prospects of rehabilitation were excellent. "Cases such as this are truly tragic", he said.

"The lives of all who have been affected by these events will never be the same."

Mr Frazer had publicly campaigned on issues of road safety since his daughter's death.

The aspiring photographer was driving from her family home in Springwood to begin a degree in photography at Charles Sturt University when her car broke down on the Hume Highway at Berrima about 11am on February 15, 2012.

She waited in the narrow breakdown lane for about an hour before Mr Clark arrived to tow the car.

About 12.30pm, Barnett failed to see the car and truck, swerved at the last moment and clipped the side of the Ford before ploughing into Ms Frazer and Mr Clark, killing them instantly.

"We hope that the only positive thing that comes out of this is that it becomes a clear signal to the community that we can't have people drive distracted," Mr Frazer said.

"People die. Families are shattered. We don't want Kaine to be there in prison for the next 18 months to three years. The reality is, for a whole lot of reasons, he will now serve that, but it has to act as a signal to the rest of the community, you've got to change your habits. Get rid of your phone, stop reading while you're driving and try to protect each other."

Outside the court, Mr Clark's wife, Samantha, said: "While we recognise the endeavours of others to raise awareness of safety on our roads, we, as Geoff Clark's family, have chosen for some time now not to be involved in any campaigns. We ask that our privacy be respected."

"Geoff was a loving and devoted husband and father. The care and wellbeing of his family was always paramount. Now I have to do this alone with the unwavering support of family and friends, for which I'm forever grateful."